Laxman Sahani @ Lakshuman Sahani @ Laxami Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58641 of 2022 Arising Out of PS. Case No.-81 Year-2022 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== LAXMAN SAHANI @ LAKSHUMAN SAHANI @ LAXAMI SAHANI S/o- Kharehu Sahani R/o Village-Asogi, P.S- Bairginia, District- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with N.D.P.S. Case No. 29 of 2022 arising out of Kundwa Chainpur P.S. Case No. 81 of 2022 instituted for the offence under Sections 20(b)(ii)(c), 23(c) of the N.D.P.S. Act. As per prosecution story, after receiving information, the informant along with other officials reached near Pillar No. 346/02, Indo-Nepal Border and apprehended two accused persons including this petitioner. On search, total 30 Kg Ganja were recovered from the possession of this petitioner and 30kg ganja from possession of co-accused.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.58641 of 2022(2) dt.07-02-2023 2/2 petitioner is innocent and committed no offence. He has falsely been implicated in this present case on the basis of suspicion. Petitioner has no concern with the alleged recovery of contraband substance. The petitioner is languishing in judicial custody since 19.4.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that submitted that the alleged recovery of 30 kg ganja/contraband substance from the possession of this petitioner which shows his complicity in this offence and the same was come under purview of the commercial quantity as per the N.D.P.S. Act.

Having heard the learned counsel for the parties and considering the fact that the alleged recovery of ganja has been made from the possession of this petitioner, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as early as possible.

(Sunil Kumar Panwar, J) amandeep/- U T